Oath required. - Before entering upon the duties of their offices, the Mayor, the Councilmembers, the City Administrator, the City Attorney, and all other persons elected or appointed to any office of profit or trust in the city government, as determined by the Council, shall take and subscribe to the following oath or affirmation: "I, ________________________ do swear (or affirm, as the case may be), that I will support the Constitution of the United States; and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof and the Charter and Ordinances of the City of Hagerstown; and that I will, to the best of may skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of _______________________, according to the Constitution and the laws of this State."
[Amended 1-27-2009 by Res. No. R-09-09; 6-21-2011 by Res. No. R-11-30]
Before whom taken and subscribed. - The Mayor shall take and subscribe to this oath or affirmation before the clerk of the circuit court for the county or before one of the sworn deputies of the clerk. All other persons taking and subscribed to the oath shall do so before the mayor.
[Amended 9-27-1983 by Res. No. 1983-36]
Editor's Note: So in original; apparently "subscribing" was intended.
The city administrator and such other officers or employees of the city as the council or this charter may require, shall give bond in such amount and with such surety as may be required by the council. The premiums on such bonds shall be paid by the city.
[Amended 1-27-2009 by Res. No. R-09-07]
Before the City shall be liable for damages of any kind, the person injured, or someone on his or her behalf, shall give the City notice in writing of such injury within one hundred eighty (180) days after the same has been received, stating specifically in such notice, when, where and how the injury occurred, and the extent thereof. The city shall never be liable on account of any damage or injury to persons or property arising from or occasioned by any public street, highways or grounds, including accumulations of snow or ice, or any public work of the city unless the specific defect or the accumulation of snow or ice causing the damage or injury shall have been actually known to the city administrator by personal inspection for a period of at least forty-eight hours prior to the occurrence of the injury or damage, unless the attention of the city administrator shall have been called thereto by notice thereof in writing at least forty-eight hours prior to the occurrence of the injury or damage, and proper diligence has not been used to rectify the defect or cause of said accumulation of snow or ice to be removed after actually known or called to the attention of the city administrator.
All right, title, and interest held by the city or any other person or corporation at the time this charter is adopted, in and to any lien acquired under any prior charter of the city, are hereby preserved for the holder in all respects as if this charter had not been adopted, together with all rights and remedies in relation thereto. This charter shall not discharge, impair, or release any contract, obligation, duty, liability, or penalty whatever existing at the time this charter becomes effective. All suits and actions, both civil and criminal, pending, or which may hereafter be instituted for causes of action now existing or offenses already committed against any law or ordinance repealed by this charter, shall be instituted, proceeded with, and prosecuted to final determination and judgment as if this charter had not become effective.
Ordinances, etc., not in conflict with charter remain in effect. - All ordinances, resolutions, rules, and regulations in effect in the city at the time this charter becomes effective which are not in conflict with provisions of this charter shall remain in effect until changed or repealed according to the provisions of this charter.
Ordinances, etc., in conflict with charter repealed. - All ordinances, resolutions, rules, and regulations in effect in the city at the time this charter becomes effective which are in conflict with the provisions of this charter are repealed to the extent of such conflict.
If any section or part of section of this charter is held invalid by a court of competent jurisdiction, this holding shall not affect the remainder of this charter or the context in which such section or part of section so held invalid appears, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply.